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Harare High Court
African Consolidated Resources Plc and Dashloo Investments (Private) Limited and Possession Investments (Private) Limited and Heavy Stuff Investments (Private) Limited and Olebile Investments (Private) Limited versus Minister of Mines and Mining Development and Secretary for Mines and Mining Development and The Chief Mining Commissioner
HH 57-10
Case Details
Court
Harare High Court
Date
18 March 2010
Citation
HH 57-10
Neutral Citation
[2010] ZWHH 57
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Uchena J
Full Bench
Uchena J
Areas of Law
Administrative lawMining law
Keywords
Mining claims cancellationUrgencyDomestic remediesExhaustion of remedies
Tags
Mining claimsAdministrative actionUrgent application
legislation
Statutes Cited
- Mines and Minerals Act
- Mines and Minerals Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent application meets the requirements of urgency given the applicants' delay in approaching the court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants received notice on 28 January, filed on 5 March, appealed to minister on 9 March"}
- {"issue_text":"Whether applicants should have exhausted domestic remedies before approaching the court","issue_type":"procedural","dispositive":"yes","related_facts":"Section 50(2) of Mines Act provides for appeal to minister; applicants filed court application before appealing"}
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background
Facts of the Case
Background
The applicants, mining companies holding registered claims in the Chaidzwa diamond mining area, sought an urgent interdict to prevent cancellation of their mining claims by the respondents. The respondents gave notice of cancellation on 28 January 2010, effective 10 March 2010, claiming the claims were registered over a reserved area in contravention of the Mines and Minerals Act.
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